Helping someone make decisions

Some people cannot do certain things or make decisions alone. This might be due to a learning disability or a mental health issue, like dementia. There are different ways of helping:

• Looking after their bank accounts.
• Buying and selling property on their behalf.
• Claiming or spending welfare benefits for them.
• Deciding where they live.
• Making decisions about their day-to-day healthcare.

Helping someone through an agent

If you can't collect your benefits or tax credits, someone can collect them for you. The person you appoint is often referred to as an agent. How you can do it:

• If it's paid into your bank or building society account, contact them. Arrange for the agent, or other appointed person, to collect the money. 
• If it's paid into a post office card account and needs to be regularly collected by someone else, contact the post office. Arrange for the agent, or other appointed person, to collect it. 

Helping someone through an appointee

If you need help with welfare benefits or tax credits, you can ask for an appointee. Appointees must be appointed by one of the following to act on your behalf:

• A court of law.
• The Department for Work and Pensions (DWP).
• HM Revenue and Customs (HMRC).

Lasting power of attorney (LPA)

An LPA is a legal document. It allows you to appoint someone to make decisions on your behalf. You need to have capacity when you sign this document. There are two types of LPA:

1. Property and Affairs LPA. This lets you decide their property and affairs if they can't. This can include paying bills, managing a bank account, or selling a property.
2. Personal Welfare LPA. This lets you decide about someone's health and welfare. For example, giving consent for medical treatment or deciding where to live.   

An LPA means your appointee won't need to go to the Court of Protection if you lose mental capacity. They will be able to make decisions for you.

To arrange an LPA, you need to go through an application process. You do not need professional legal advice to fill out the forms. You may want to go through a solicitor if your situation is complex.

The LPA has to be registered with the Office of the Public Guardian before it can be used. Be aware that there is a registration fee. 

It can only be used once you are unable to make your own decisions. A medical professional or court of law will help to decide if you have reached that point. For more information, see DirectGov.

Speaking up for adults with care needs or disabilities

An advocate is someone who expresses your views and wishes. They represent you and work to secure your rights and interests.

Advocacy supports people who are vulnerable. It helps them make informed choices about their health and social care. The service is particularly for people with:

• Physical disabilities.
• Learning disabilities.
• Older people.
• Those with mental health needs.

Do you use health, community, or social services? Are you having problems getting your needs met or your voice heard? If so, see a list of support services below.